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Ask Dwayne B. Your Own Question

Dwayne B., Attorney

Category: Legal

Satisfied Customers: 27638

Experience: Began practicing law in 1992

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Dwayne B. is online now

I filed a lawsuit against my former employer for wrongful termination.

Customer Question

I filed a lawsuit against my former employer for wrongful termination. The case had gotten to the point that they wanted to settle out of court Aug.2) and wanted a figure from us. My attorney decided to do a "DISCOVERY" first and then continue. I had been trying to get in touch with my attorney and he would not answer my, calls, text, or emails until this past Monday (Apr. 8) and we made plans to meet next Friday(Apr.19) to discuss the case. For some weird reason, I decided to check the court case online this Friday (Apr. 12) and was in shock when I saw the Following:04/12/2013 14 ORDER granting 11 Motion to Dismiss; denying 12 Final MOTION to Nonsuit Civil Action - all Defendants. Canales has repeatedly failed to comply with the Federal Rules of Civil Procedure and this Court's orders. The Court therefore grants Defendants' motion and dismisses this case with prejudice. (Ordered by Judge David C Godbey on 4/12/2013) (ykp) (Entered: 04/12/2013)04/12/2013 15 FINAL JUDGMENT: The Court orders that Plaintiff Dahlia Canales take nothing by her claims against Defendants, and the Court dismisses those claims with prejudice. Court costs are taxed against Canales. All relief not expressly granted is denied. This is a final judgment. (Ordered by Judge David C Godbey on 4/12/2013) (ykp) (Entered: 04/12/2013)

HELP! I was never aware of these proceeding. Can this be appealed for lack of representation or for the fact I was never made aware by the court of such?

If those dates are correct then you want to hire another attorney ASAP and have them file a Motion for New Trial. At this point filing appeal won't do anything because there is nothing in the "record" to suggest that you weren't being adequately represented, didn't know about it, etc.

Customer:

What is the time frame I have to file motionout the for a new trial. What about : The Court orders that Plaintiff Dahlia Canales take nothing by her claims against Defendants, and the Court dismisses those claims with prejudice. Court

Customer:

Motion for new trial

JD 1992 :

You generally have thirty days if it was in County Court at Law or District Court. However, you want to do it ASAP.

It is so hard to find an attorney for this typy attorneys in Dallas, Tx?e of law suit. Know an

Customer:

My keyboard is messing up.

JD 1992 :

If you go to www.lawyers.com and search for employment law you should be able to find one. If you have problems then hire one just to file the motions for you with the understanding that they are only doing that.

JD 1992 :

You may also want to contact a lawyer who does attorney malpractice.

Customer:

oh, cool!!!!!!! Thank you very much. I had this case won already but for some weird reason my lawyer dropped the ball. I have witnesses and documentation and above all, I had contacted the ethics line and made a claim stating that I was afraid I would get fired if I told on the bosses pet that he was watching porn up to 6 hours a day and fondling himself...and that happened just like I said it would.

JD 1992 :

Just be sure and move quickly. A judge is likely to reverse the previous decisions if he knows that you were not being kept informed by the attorney but the longer you wait the less likely the judge is to grant the request.

JD 1992 :

Anything else I can assist with?

Customer:

I'm sorry, I got disconnected.

Customer:

did you read the last ng I sent you?

JD 1992 :

I read the part about the boss's pet watching porn, was that the last thing you sent?

Customer:

yea, I just wanted you to know what it was about. I do want to thank you for this ray of hope!

JD 1992 :

Glad to be of assistance.

Customer:

Have a GREAT Day!

JD 1992 :

You as well.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

It certainly wouldn't hurt to meet with them and raise your concerns. Every lawyer has had a judge grant a summary judgment that they shouldn't have granted but the lawyer can give you a "battle plan" to address the issue and then you can see how you feel about continuing to use him.

I will meet with him this Friday and see what his plan is. Since this case was in a federal court in Texas, do you know how much time I have to ask for the Motion for a New Trial,if things don't work with my attorney? Also, want you to know that I appreciate your concern and help!

I will let you know what my attorney has to say about the case. I intend to give you a bonus but unfortunately, that has to wait until next Friday, April 26, when I get paid again. What do I do now, do I rate to finish or leave this page?

I met with my attorney on Friday and he says he will open a new case in State court this week. He said he did not respond to the federal court case because he did not want the case to be heard in Federal because we would surely loose since Federal courts are harder to win and the Judge is an asshole. So forward we go...I hope he is not just trying to buy time for himself.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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